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Employee’s hostile conduct was objective basis for personality test
- Sherman & Howard LLC
- -
- USA
- -
- May 13 2013
An employer lawfully required an employee to undergo a psychiatricpsychological fitness-for-duty examination because of his obstreperous conduct
Lawfully fired employee may claim “chilled” exercise of FMLA rights despite receiving leave
- Sherman & Howard LLC
- -
- USA
- -
- March 3 2011
Employers have the duty not to "interfere with" the exercise of any right under the Family and Medical Leave Act
Employer directive that employee get unspecified “counseling” treated as unlawful “medical examination”
- Sherman & Howard LLC
- -
- USA
- -
- September 6 2012
Heaven help the misguided employer who instructs an employee to go for unspecified "counseling."
No invasion of privacy when employer fires EMT for posting derogatory comments about patient on a fellow employee’s Facebook page
- Sherman & Howard LLC
- -
- USA
- -
- November 5 2012
When an employee posts derogatory comments about her employer or its patients on a fellow worker's Facebook page, the employee has no reasonable expectation of privacy and cannot complain of an invasion of privacy when she is fired because of the post and her defiant response to counseling about the post
Employer may have duty to accommodate a disabled employee in her commute
- Sherman & Howard LLC
- -
- USA
- -
- September 1 2011
In a case that could make landmark law, the Second Circuit Court of Appeals recently ruled that an employer may, depending on the circumstances, be obligated to make reasonable accommodation for a disabled employee's commute to and from work
The declining value of non-disparagement provisions in separation agreements
- Sherman & Howard LLC
- -
- USA
- -
- November 3 2010
When entering into settlements or release agreements with departing employees, some employers want to bargain "hard" for non-disparagement provisions
Antitrust challenge to employers’ exchange of pay information continues
- Sherman & Howard LLC
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- USA
- -
- May 1 2012
In a case that has continued for more than five years, the U.S. District Court for the Eastern District of Michigan recently issued a decision regarding the exchange of detailed, non-public information about the compensation rates of nurses among Detroit-area hospitals
Employee not eligible for FMLA leave still protected by non-discrimination provisions
- Sherman & Howard LLC
- -
- USA
- -
- September 6 2012
Many employers offer leave of absence benefits to employees that supplement leaves of absence provided by the Family and Medical Leave Act
“Reverse discrimination” may be found when white supervisor was fired for violating “zero tolerance” policy, but black employees who violated policy were not
- Sherman & Howard LLC
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- USA
- -
- September 1 2011
Although "reverse discrimination" claims are not often asserted, and when asserted, are seldom successful, the Eleventh Circuit Court of Appeals recently ruled that such a claim might be viable, when a white supervisor was fired for sending a "Top Ten Reasons Why There are No Black NASCAR Drivers" joke e-mail to others, but two black employees who forwarded a "How to Dance Like a White Guy" video to others were not dismissed
Private employers may refuse to hire a person with past bankruptcy
- Sherman & Howard LLC
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- USA
- -
- March 3 2011
The Federal Bankruptcy Act prohibits public and private employers from engaging in various discriminatory acts against individuals because they have filed for bankruptcy
Current Search
- Firm Name - Sherman & Howard LLC
- Author - Theodore A. Olsen
- Workarea - Litigation
- Workarea - Employment & Labor
- Jurisdiction - USA